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R24-193 1 RESOLUTION NO. R24-193 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A THREE (3)-YEAR SUBSCRIPTION 5 AGREEMENT WITH AT&T FOR DEDICATED INTERNET WITH VOICE BUNDLE 6 SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED $25,777.80; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS, the Boynton Beach Police Department's 911 Public Safety Answering Point 10 (PSAP) is the only PSAP in Palm Beach County currently relying on copper phone lines. However, 11 AT&T no longer supports or provides maintenance for these copper lines. In the event, these 12 traditional PRI or analog lines are cut, or a power failure occurs, the Communications Center is 13 unable to answer or receive 911 and non-emergency calls.To alleviate this problem, SIP, or Session 14 Initiation Protocol, is required to obviate the now obsolete technologies such as the public 1; switched telephone networks (PSTN) and physical lines for communications; and 16 WHEREAS, SIP is a contemporary and cost-effective alternative to conventional landline 17 systems currently in use. It will not fail in the event of a power failure or cut line. In contrast to 18 traditional PRI and analog lines, which exclusively handle voice data and offer restricted 19 functionalities, SIP solutions facilitate voice, video, instant messaging, and integration with the 20 city's extant internet infrastructure through telephony; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the city's citizens and residents to approve a three (3)-year subscription 23 agreement with AT&T for Dedicated Internet with Voice Bundle services for a total amount not to 24 exceed $25,777.80. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve a three (3)-year subscription agreement with AT&T for Dedicated Internet with Voice 32 Bundle services for a total amount not to exceed $25,777.80 (the "Agreement"), in form and 33 substance similar to that attached as "Exhibit A. " 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 36 ancillary documents required under the Agreement or necessary to accomplish the purposes of 37 the Agreement and this Resolution. 38 SECTION 4. The original Agreement shall be forwarded to Michael Johnson in the Police 39 Department to obtain execution of the Agreement by AT&T. Michael Johnson shall be responsible 40 for ensuring that one fully-executed Agreement is returned to the City, to be provided to the 41 Office of the City Attorney for forwarding to the City Clerk for retention as a public record. 42 SECTION 5. This Resolution shall take effect in accordance with law. 43 r 44 PASSED AND ADOPTED this day of -.-i:)\er(\ --/- 2024. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YE� NO 47 Mayor—Ty Penserga 48 49 Vice Mayor—Aimee Kelley 50 51 Commissioner—Angela Cruz 52 53 Commissioner—Woodrow L. Hay 54 / 55 Commissioner—Thomas Turkin ✓ 56 57 VOTE S—CD 58 ATTEST 59 60 , AM1-10. A11111.110 61 Maylee D: Je MPA, M C � " P 7 62 City Clerk M. :r 63 64 'PROVED AS TO FORM: 65 (Corporate Seal) 66 Y��,4�r/j o76 67 Shawna G. Lamb 68 City Attorney Disclosures for AT&T Agreement The agreement is on the vendor's form. Non-standard business and legal terms are disclosed below. By executing this agreement, you are accepting these terms on behalf of the City. Section Disclosure Indemnification The City is required to indemnify AT&T for any claims arising from (i) claims arising from City's use of a Service; (ii)the claim alleges a breach by City or it's users of a Software license agreement; or (iii) alleges that a Service infringes any patent, trademark, copyright, or trade secret where the claimed infringement arises out of or results from: (a) City's or its or a User's content; (b)modifications to the Service by City with any non-AT&T services or products by City; (c) AT&T's adherence to City's written requirements; or (d) use of a Service in violation of this Agreement.. Arbitration Any claim or dispute arising from the agreement must be settled by binding arbitration. Florida Statutory AT&T is unwilling to negotiate its form agreement to include any statutory Provisions provisions. Accordingly, the following standard City provisions are not included in the document: • Scrutinized Companies Certification, Section 287.135, Florida Statutes. • Verification of Employment Eligibility, Section 448.095, Florida Statutes. • Retention of Sovereign Immunity, Section 768.28, Florida Statutes. • Prohibited Telecommunications Equipment, 48 CFR 52.204-24 through 52.204-26. • Anti-Human Trafficking, Section 787.06(13), Florida Statutes. • Public Entity Crime Act, Section 287.133, Florida Statutes. _ Early Termination Charges If City terminates the Agreement for convenience, or if AT&T terminates for cause, City must pay (i) 50% of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges, and (iii) any access facilities cancellation charges and other third-party charges incurred by AT&T due to the termination. Limitation of Liability AT&T's total liability to the City for claims arising from the agreement is the amount paid by the City for the specific service during the period in which a breach occurs. 8.26.24 (SRW) Contract Id: 6894732 AT&T Dedicated Internet&Voice Bundle Agreement AT&T The rates,discounts and other provisions in this Agreement are contingent upon signature by both parties on or before December 31,2025. For AT&T Administrative Use Only attuid: AD9971 Account# Master Customer# Doc Viewer ID: Contract ID#: ADV14665067 Company Name("Customer") , AT&T-Contact For Notices AT&T Sales Contact -Primary Contact Legal Name: BOYNTON BEACH POLICE AT&T Corp Name: Anthony Dominguez Street Address: 2100 HIGH RIDGE RD One AT&T Way Street Address: 12150 Research Pkwy City: BOYNTON BEACH,State: FL Zip: Bedminster,NJ 07921-0752 City:Orlando, State: FL Zip: 32826 33426 Tel# 5617426170 ATTN: Master Agreement Support Team: mast(@.att.com Tel#4074030390 AGREEMENT TERMS 1. SERVICES Service Service Publications Location AT&T Dedicated Internet&Voice Bundle(ADIVB) http://servicequidenew.att.com/sq flashPlayerPage/BVOIP (See AT&T Dedicated Internet&Voice Bundle) 2. AGREEMENT TERM AND EFFECTIVE DATES OF RATES Term Term Start DatelEffective Date of Rates and Discounts 3 years Effective Date of this Agreement 3. SERVICES COMPONENTS AND RATES(PRICES) 3.1.AT&T Dedicated Internet&Voice Bundle Off-Net long Concurrent distance - Monthly Service Charge Monthly Service Charge Monthly Service Charge Port Speed Calls Included Group 1 Group 2 Group 3 Minutes(per month) 10 Mbps 5 1,500 $490.50 $620.00 $765.00 10 Mbps 10 3,000 $499.00 $683.00 $786.00 10 Mbps 15 4,500 $589.00 $725.00 $828.00 10 Mbps 23 6,900 $677.00 $792.00 $895.00 10 Mbps 30 9,000 $754.00 $850.50 $953.50 10 Mbps 46 13,800 $930.00 $984.00 $1,087.00 20 Mbps 5 1,500 $550.00 $820.00 $930.00 20 Mbps 10 3,000 $555.00 $882.00 $951.00 20 Mbps 15 4,500 $648.50 $929.50 $998.50 20 Mbps 23 6,900 $736.50 $1,005.50 $1,074.50 20 Mbps 30 9,000 $813.50 $1,071.50 $1,140.50 20 Mbps 46 13,800 $989.50 $1,223.00 $1,292.00 50 Mbps 5 1,500 $628.50 $1,080.00 $1,175.00 50 Mbps 10 3,000 $672.00 $1,138.50 $1,224.50 50 Mbps 15 4,500 $727.00 $1,186.00 $1,272.00 50 Mbps 23 6,900 $815.00 $1,261.50 $1,347.50 50 Mbps 30 9,000 $892.00 $1,328.00 $1,414.00 50 Mbps 46 13,800 $1,068.00 $1,479.50 $1,565.50 Doc ID: ADIVBEXP-1 V5-01/16/2021 Rate ID:ADIVB-031723-50,USOFN20 AT&T and Customer Confidential Information Page 1 of 7 Contract Id: 6894732 411111110 ‘irs# AT&T Dedicated Internet&Voice Bundle Agreement AT&T 100 Mbps 5 1,500 $795.00 $1,420.00 $1,600.00 100 Mbps 10 3,000 $838.50 $1,495.00 $1,634.50 100 Mbps 15 4,500 $893.50 $1,540.00 $1,680.00 100 Mbps 23 6,900 $981.50 $1,612.50 $1,752.50 100 Mbps 30 9,000 $1,058.50 $1,676.00 $1,816.00 100 Mbps 46 13,800 $1,234.50 $1,821.50 $1,961.00 150 Mbps 5 1,500 $853.50 $1,720.00 $1,725.00 150 Mbps 10 3,000 $897.00 $1,786.00 $1,962.50 150 Mbps 15 4,500 $952.00 $1,833.00 $2,010.00 150 Mbps 23 6,900 $1,040.00 $1,909.00 $2,086.00 150 Mbps 30 9,000 $1,117.00 $1,975.50 $2,152.00 150 Mbps 46 13,800 $1,293.00 $2,127.00 $2,303.50 250 Mbps 5 1,500 $1,056.00 $2,270.00 $2,475.00 250 Mbps 10 3,000 $1,099.50 $2,322.00 $2,523.50 250 Mbps 15 4,500 $1,154.50 $2,369.00 $2,570.50 250 Mbps 23 6,900 $1,242.50 $2,445.00 $2,646.50 250 Mbps 30 9,000 $1,319.50 $2,511.00 $2,713.00 250 Mbps 46 13,800 $1,495.50 $2,662.50 $2,864.50 400 Mbps 5 1,500 $1,194.50 $3,046.00 $3,360.00 400 Mbps 10 3,000 $1,238.00 $3,095.50 $3,399.50 400 Mbps 15 4,500 $1,293.00 $3,141.00 $3,445.00 400 Mbps 23 6,900 $1,381.00 $3,213.50 $3,517.50 400 Mbps 30 9,000 $1,458.00 $3,277.00 $3,581.00 400 Mbps 46 13,800 $1,634.00 $3,422.00 $3,726.00 500 Mbps 5 1,500 $1,251.00 $3,655.00 $4,050.00 500 Mbps 10 3,000 $1,294.50 $3,705.00 $4,094.50 1 500 Mbps 15 4,500 $1,349.50 $3,750.50 $4,140.00 500 Mbps 23 6,900 $1,437.50 $3,823.00 $4,212.50 500 Mbps 30 9,000 $1,514.50 $3,886.50 $4,276.00 500 Mbps 46 13,800 $1,690.50 $4,032.00 $4,421.00 600 Mbps 5 1,500 $1,378.50 $4,060.00 $4,450.00 600 Mbps 10 3,000 $1,422.00 $4,162.00 $4,597.50 600 Mbps 15 4,500 $1,477.00 $4,234.50 $4,670.00 600 Mbps 23 6,900 $1,565.00 $4,298.00 $4,733.50 _600 Mbps 30 9,000 $1,642.00 $4,443.00 $4,878.50 600 Mbps 46 13,800 $1,818.00 $4,443.00 $4,878.50 1,000 Mbps 5 1,500 $1,628.50 $4,440.00 $4,985.00 1,000 Mbps 10 3,000 $1,672.00 $4,541.00 $5,046.50 1,000 Mbps 15 4,500 $1,727.00 $4,613.50 $5,119.00 1,000 Mbps 23 6,900 $1,815.00 $4,677.00 $5,182.50 1,000 Mbps 30 9,000 $1,892.00 $4,822.00 $5,328.00 1,000 Mbps 46 13,800 $2,068.00 $4,822.00 $5,328.00 On-Net Calling&Local Off-Net Calling Unlimited Enhanced Features Package(per concurrent call) $1.60 US Off-Net per minute calling charge in excess of Off- $0.0400 Net long distance included minutes Telephone Number Charge(per number) $0.15 Doc ID: ADIVBEXP-1 V5-01/16/2021 Rate ID:ADIVB-031723-50,USOFN20 AT&T and Customer Confidential Information Page 2 of 7 Contract Id: 6894732 AT&T Dedicated Internet&Voice Bundle Agreement • AT&T IP Toll-Free Calling Plan Charge, Monthly Charge per $15.00 Site* *Includes 1,000 minutes of usage per month per calling Plan G per Customer.Additional usage charges shall apply for aggregate usage over 1,000 minutes per the AT&T IP Toll-Free table below. IP Toll-Free can only be added to a new order for ADIVB. Business In A Box Base Unit NextGen $0.00 Service Components:20% International Off-Net Outbound Calls—Land-Line(Fixed)and Mobile Terminations(per Service Component Discount applied to Service Guide minute) rates,as revised from time to time AT&T IP Toll-Free United States Calling Plan Calling Plan G AT&T IPTF Inbound—Interstate Usage AT&T IPTF Calling Charge—US Intrastate Usage See BVOIP SG—AT&T Dedicated Internet&Voice AT&T IPTF Inbound—Canada to US Usage Bundle,for Rate Table as revised from time to time 4. WAIVERS Charges Waived Minimum Retention Period Monthly Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option Non-Recurring Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features N/A* (Classic)-Feature Package II-Routing Plan Option AT&T IPTF Calling Plan G Non-Recurring Charge Dial Plan Setup Fee BVoIP Toll-Free Routing Arrangement(APN)Charge,Monthly Charge Per Site *N/A:Not Applicable **This waiver applies only to new AT&T Toll-Free Advanced Features accounts. If a Toll- Free number is associated with an existing AT&T Toll-Free Advanced Features account, AT&T Toll-Free Advanced Features(Classic)-Feature Package II-Routing Plan Option will be billed on that account. 5. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Charge Due Upon Minimum Payment Period Termination Prior to Completion of Minimum per Service Component Payment Period All Service Components 50% Longer of 12 months or until the end of the Agreement Term 6. AT&T DEDICATED INTERNET&VOICE BUNDLE GENERAL TERMS AND CONDITIONS 6.1. Agreement: AT&T and/or its Affiliates shall provide Customer products and services identified in this document ("Services") pursuant to the "Agreement" consisting of this document and the following applicable "Service Publications", incorporated by reference: (i) Tariff(s), Guidebook(s) and/or Service Guide(s)found at att.com/service publications,and(ii)the AT&T Acceptable Use Policy("AUP")found at att.com/aup. AT&T may revise the Service Publications at any time. The order of priority of the documents that form the Agreement is, in descending order: this document; the AUP; and, then the applicable Tariff(s), Guidebook(s) and/or Service Guide(s) (provided, however, Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms). Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 3 of 7 Contract Id: 6894732 AT&T Dedicated Internet&Voice Bundle Agreement AT&T 6.2. Services: AT&T will provide or arrange to have the Service provided to Customer subject to availability and operational limitations of systems,facilities and equipment. Customer may not resell any component of the Service without AT&T's written consent. Customer will cause Users to comply with the Agreement and Customer is responsible for their use of the Service or any component of the Service,unless expressly provided to the contrary in a Service Publication. 6.3. Access to Premises: Customer will in a timely manner allow AT&T to access,or, at Customer's expense, obtain timely access for AT&T to, property (other than public property)and equipment reasonably required to provide the Service. Access includes information and the right to construct,install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer's connection to AT&T's network. Customer will furnish any conduit,holes,wireways,wiring, plans,equipment,space, power/utilities,and other items required to perform installation of the Services,and obtain any necessary licenses, permits and consents(including easements and rights-of-way). 6.4. Hazardous Materials: Customer will ensure that the Site is a suitable and safe working environment,free of any substance or material that poses an unreasonable risk to health, safety, or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air,water,or soil,or health and safety. If AT&T encounters any such hazardous materials at a Site, AT&T may terminate the affected Service Component,or suspend performance until Customer remediates the condition. 6.5. Independent Contractor Relationship: Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees,agents or contractors are Affiliates,employees,agents or contractors of the other party. 6.6. License and Third-PartyTerms:Software, Purchased Equipment and Third-PartyServices, if an maybeprovided to the terms of a separate Y. subjectP license or other agreement between Customer and either the licensor, the third-party service provider or the manufacturer. Customer's execution of this Agreement is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise,AT&T's sole responsibility with respect to Third-Party Services is to place Customer's orders for Third-Party Services, except that AT&T may invoice and collect payment from Customer for the Third-Party Services. 6.7. AT&T Equipment: Title to AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment, must keep the AT&T Equipment physically secure and free from liens and encumbrances and will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment. 6.8. Prices: Unless this document states otherwise, the prices listed in the Agreement are stabilized for the Term and no promotion, credit, discount or waiver set forth in a Service Publication will apply. 6.9. Taxes; Surcharges; Fees. Prices in this Agreement are exclusive of, and Customer will pay, all current or future taxes, surcharges, recovery fees, shipping charges,and other similar charges. 6.10. Billing, Payments and Deposits: Payment is due thirty (30) days after the invoice date and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within six(6) months date of the invoice in which the disputed charge initially appears, Customer waives the right to dispute the charge. AT&T may recover all costs (including attorney fees) of collecting delinquent or dishonored payments and may charge a late fee for overdue payments at the lower of 1.5%per month (18% per annum)or the maximum rate allowed by law; plus all costs(including attorney fees)of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Services, and AT&T may apply such deposit to any charges owed. Customer authorizes AT&T to investigate Customer's credit and share information about Customer with credit reporting agencies. 6.11. Expiration of Term: At the end of the Term (but to anyexistingMinimum Payment Penod), Customer maycontinue Service under a P subject Y ) month- to-month service arrangement at the prices, terms and conditions in effect on the last day of the Term; however, upon expiration of the Term or applicable MPP, whichever is later, AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer and either party may terminate such service arrangement upon thirty(30)days'notice. 6.12. Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations,is the subject of a bankruptcy petition,or makes an assignment for the benefit of its creditors. Either Party may terminate an affected Service for material breach, and AT&T may terminate or suspend (and later terminate) an affected Service, if such breach is not cured within 30 days of notice. If Customer is in violation of the AUP and fails to rectify the violation within five (5) days after receiving notice from AT&T, then AT&T may suspend or Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-031723-50,USOFN20 AT&T and Customer Confidential Information Page 4 of 7 Contract Id: 6894732 AT&T Dedicated Internet&Voice Bundle Agreement AT&T terminate the affected Service. Provided, however, if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii)unlawfully uses the Service; (iv)abuses or misuses AT&T's network or Service;or(v)interferes with another customer's use of AT&T's network or services, AT&T may terminate or suspend a Service, and, if the violating activity implicates the entire Agreement, terminate the entire Agreement, immediately upon notice. AT&T also has the right to suspend or terminate the applicable portion of the Service immediately when: (i)AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii)AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b)that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T Services or the Internet;or(c)that such violation otherwise presents imminent risk of harm to AT&T or AT&T's customers or their respective employees. 6.13. Early Termination Charges: If Customer terminates a Service or Service Component for Customer's convenience or AT&T terminates a Service or Service Component for cause, Customer must pay: (i) 50% of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges, and (iii) any access facilities cancellation charges and other third-party charges incurred by AT&T due to the termination. The charges set forth in this section will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the"Minimum Period")and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component,respectively,and if the upgrade is not restricted in the applicable Service Publication. 6.14. Withdrawal of Service or Service Component: Notwithstanding that this Agreement may commit AT&T to provide a Service to Customer for a Term, unless applicable local law or regulation mandates otherwise, AT&T may discontinue a Service or a Service Component to similarly situated customers and terminate Customer's Service or Service Component upon 120 days'notice. 6.15. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY, DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS) AND MAKES NO WARRANTY REGARDING NETWORK SECURITY,THE ENCRYPTION EMPLOYED BY ANY SERVICE,THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS OR INTERRUPTIONS, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR LIABILITY EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S OR OTHERS' APPLICATIONS,CONTENT,DATA, PROGRAMS, INFORMATION,NETWORKS OR SYSTEMS. 6.16. Limitation of Liability: AT&T'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T's BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE TO WHICH SUCH BREACH RELATES DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND CONTINUES. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE OR INTENTIONAL MISCONDUCT. ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. 6.17. The above Disclaimer or Warranties and Liability and Limitations of Liability will apply regardless of the form of action,whether in contract,tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. 6.18. Indemnity: Customer agrees at its expense to defend, indemnify and hold harmless AT&T, its Affiliates and its and their employees, directors, subcontractors and suppliers or to pay all damages finally awarded against such parties on account of a third-party claim where: (i) the claim arises from Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-031723-50,USOFN20 AT&T and Customer Confidential Information Page 5 of 7 Contract Id: 6894732 AT&T Dedicated Internet&Voice Bundle Agreement AT&T Customer's or a User's use of a Service; (ii)the claim alleges a breach by Customer, its Affiliates or Users of a Software license agreement; or(iii) alleges that a Service infringes any patent, trademark, copyright or trade secret where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non-AT&T services or products by Customer or others; (c)AT&T's adherence to Customer's or its Affiliate's written requirements; or(d) use of a Service in violation of this Agreement. 6.19. ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES(SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT).ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION.THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT,SHALL NOT HAVE THE AUTHORITY TO ORDER PRE- HEARING DEPOSITIONS OR DOCUMENT DISCOVERY,BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING.THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS;IF THE PARTIES CANNOT WAIVE THESE RIGHTS,THIS ENTIRE PARAGRAPH IS VOID. 6.20. General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither party may publicly disclose any confidential information of the other party without the prior written consent of the other, unless authorized byapplicable law, regulation or court order. 9 Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. Each party is responsible for complying with the privacy laws applicable to its business.AT&T shall require its personnel,agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business, If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services,Customer must encrypt such data so that it will be unintelligible.Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so.AT&T may monitor electronic transmissions across its network to maintain compliance with its legal and regulatory obligations and to operate, maintain and enhance the network and Services.Where required by law,AT&T may provide Customer Personal Data to third parties such as courts, law enforcement or regulatory authorities. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed, except that AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate, or(ii)subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two (2)years after the cause of action arises. This Agreement does not provide any third party(including Users)the right to enforce it or to any remedy,claim, liability,cause of action or other right or privilege. Unless a regulatory agency with jurisdiction over the applicable Service applies a different law this Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles.The United Nations Convention on Contracts for International Sale of Goods will not apply. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party's reasonable control, including strikes and labor disputes. Customer must send any notice required or permitted under this Agreement in writing to the AT&T address set forth above. 6.21. Definitions: "Affiliate"of a party means an entity that controls,is controlled by,or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines,data structures,object classes,and protocols used to communicate between programs. "AT&T Equipment"equipment owned by AT&T and located at Customer's premises. "Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T in the course of providing the Services. "Minimum Payment Period" means the minimum period identified in the Agreement during which Customer is required to pay recurring charges for the Service Component. "Minimum Retention Period"means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment(or repayment)of certain credits,waived charges or amortized charges. Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 6 of 7 Contract Id: 6894732 AT&T Dedicated Internet&Voice Bundle Agreement AT&T "Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment includes any internal code required to operate such equipment and any physical media provided to Customer on which Software is stored,but does not include Software. "Service Component"means an individual component of a Service provided under this Agreement. "Site"means a physical location,including Customer's collocation space on AT&T's or subcontractor's property,where AT&T installs or provides Service. "Software"means any software(including APIs and all associated written and electronic documentation and data)provided to Customer for a Service. "Third-Party Service"means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. "User"means anyone who uses or accesses any Service provided to Customer. FOR VOICE OVER INTERNET PROTOCOL (VOIP) SERVICES, THE UNDERSIGNED, ON BEHALF OF CUSTOMER, ACKNOWLEDGES THAT CUSTOMER HAS RECEIVED AND UNDERSTANDS THE ADVISORIES CONCERNING THE CIRCUMSTANCES UNDER WHICH E911 SERVICE USING A VOICE OVER IP SYSTEM MAY NOT BE AVAILABLE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO USING TRADITIONAL WIRELINE TELEPHONE SERVICE. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, RELOCATION OF THE END USER'S TELEPHONE SETS OR OTHER EQUIPMENT, USE OF A NON-NATIVE OR VIRTUAL TELEPHONE NUMBER, FAILURE IN THE BROADBAND CONNECTION, LOSS OF ELECTRICAL POWER, AND DELAYS THAT MAY OCCUR IN UPDATING THE CUSTOMER'S LOCATION IN THE AUTOMATIC LOCATION INFORMATION DATABASE. THE ADVISORIES ARE FURTHER PROVIDED IN THE SERVICE PUBLICATION. By signing below, the person signing on behalf of customer personally represents and warrants to AT&T that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement. Customer understands and agrees to be bound by the terms and conditions for service as described in the attached terms and conditions, including but not limited to all terms and conditions incorporated by reference. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement is effective when signed by both Customer and AT&T Corp.("Effective Date"). Customer(by its authorize, representative) AT&T Corp.(by its authorized representative) By: ._ By: ly Name: r •U-1sc.rG Name: Title: fvt. Title: Date: 0/202.ef Date: CITY AT ORNEY'S OFFI Approv:(as to form an lit y/ Alf 2Gci/7l 1)1.. Of Boy uuRpd. '0 II • Doc ID: ADIVBEXP-1 V5—01/16/2021 Rate ID:ADIVB-031723-50,USOFN20 AT&T and Customer Confidential Information Page 7 of 7 Contract Id: 6894732 at&t AT&T Dedicated Internet&Voice Bundle Agreement Letter of Authorization to Obtain Customer Service Records Only Customer Name: AT&T Customer Account#: BOYNTON BEACH POLICE Customer Full Address&Zip: AT&T Full Address&Zip: Customer Contact: Tel.#: 5617426170 2100 HIGH RIDGE RD BOYNTON BEACH 12150 Research Pkwy Orlando FL 33426 FL 32826 AT&T Contact: Tel.#:4074030390 Email ID: ad9971@att.com Master Customer No.: AE PID: 1. I appoint AT&T as my agent to request Customer Service Records(CSRs)with the Local Exchange Company(s)(LEC)for analyzing Local Service. This appointment shall extend to all service accounts for which customer appears as the customer of record. 2.This Appointment is applicable to the following location Blanket LOA ®YES ❑NO (For all locations in the United States) (Choose one) 3. I certify that I am either the customer of record for these lines or that I am authorized by the customer of record to make this decision. ORDERED BY CUSTOMER: BOYNTON BEACH POLICE Signature: g Printed Name: T e,,xryr� Title: f�lavJ�- Date: 07702 This authorization shall continue in force unless and until revoked by the customer. 0,0Y N TO4 CITY ATTORNEY'S OFFICE /� co0R47.••..�� Approv as to form a a Aali SEAL t 1- By: / /a •• ;•INCORPORATED.: % • 1920 4`‘‘�FLORIO�` V5—01/16/2021 AT&T and Customer Confidential Information Page 1 of 1 Q AWL AT&T Price Quote for Boynton Beach Police Department Your AT&T solution includes Why AT&T? We're eager to put our expertise and • AT&T Dedicated Internet with Voice Bundle is a package of resources to work for you. integrated services that includes dedicated internet access and Voice over IP (VolP) calling. As the largest communications company in the U.S. by revenue,we offer • 23 Concurrent Call Paths you • Experienced professionals who deliver • Enhanced Features industry-leading solutions and • 15 Numbers outstanding customer service • A legacy of technological innovation • Award-winning networks, including America's most reliable 5G network' and AT&T Fiber®, rated #1 in customer satisfaction? AT&T Contact Anthony Dominguez Client Solutions Executive Email/Phone. . anthony.dominguez@att.com +1 407.403.0390 February 20,2024 02024 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. AT&T PriceQ uote for Boynton Beach Police Department Pricing Information Feature Monthly Recurring Non Recurring AT&T Dedicated Internet&Voice Bundle $716.05 $0.00 Includes:Access,Equipment and Installation for a term of 36 months Pricing does not include FARF and applicable taxes Total: $716.05 $0.00 Location Details Boynton Beach Police 2080 HIGH RIDGE RD,BOYNTON BEACH,FL,33426-8714 Departmen Important Information 1. AT&T awarded Most Reliable Network by GWS OneScore 2022.GWS conducts paid drive tests for AT&T and uses the data in its analysis of wireless networks.AT&T 5G requires compatible plan and device.5G not available everywhere.Go to att.com/SGforyou for details. 2. Compared to the publicly measured internet service providers in the American Customer Satisfaction Index(ACSI).Claim based on 2022 ACSI survey of customers rating their own internet service provider's performance. For AT&T Dedicated Internet with Managed Router,the customer is responsible for the provisioning and monthly cost of one POTS phone line for management and troubleshooting of the managed service and router. AT&T may provide Entrance Facility Construction(EFC)for eligible customers,as explained in the Entrance Facility Construction section of the AT&T Business Service Guide General Provisions.Customers who do not qualify for AT&T EFC are responsible for providing the conduit/structure as well as the path from the property line to the demarcation point for access to the primary route. Proposal Validity Period—The information and pricing contained in this proposal is valid for a period of 30 days from the date written on the proposal cover page unless rescinded or extended in writing by AT&T. Terms and Conditions—This Proposal is conditioned upon negotiation of mutually acceptable terms and conditions. Proposal Pricing—Pricing proposed herein is based upon the specific product/service mix and locations outlined in this Proposal.Any changes or variations in the proposed terms and conditions,the products/services/quantities,length of term,locations,and/or design described herein may result in different pricing.Prices quoted do not include applicable taxes,surcharges,or fees.In accordance with the tariffs or other applicable service agreement terms,Customer is responsible for payment of such charges. Providers of Service—Subsidiaries and affiliates of AT&T Inc.provide products and services under the AT&T brand.Either AT&T Corp.or AT&T Mobility National Accounts LLC is the proposer for itself and on behalf of its service-providing affiliates. Software—Any software used with the products and services provided in connection with this Proposal will be governed by the written terms and conditions applicable to such software.Title to software remains with AT&T or its supplier.Customer must comply with all such terms and conditions, and they will take precedence over any agreement between the parties as relates to such software. Copyright Notice and Statement of Confidentiality—®2024 AT&T Intellectual Property.AT&T and globe logo are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies.All other marks are the property of their respective owners.The contents of the Proposal(except for pricing applicable to E-Rate funded services)are unpublished,proprietary,and confidential and may not be copied,disclosed,or used,in whole or in part,without the express written permission of AT&T Intellectual Property or affiliated companies,except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. February 20,2024 Page 2 of 2 02024 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement.